Private Road Maintenance Agreement 2006-0789291
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RECORDING REQUESTED BY \K~ NO\! 06 2006 1'38 PM
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CITY OF POWAY if" nFFII-I,:l,L F-:[I-I-lr:[I'.,
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AND WHEN RECORDED MAIL TO' ) H.E'-, 47 ("Wi
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CITY CLERK ) il~~IOOOOIOO~I~~~.m~
CITY OF POW A Y )
POBOX 789 ) "0
POW A Y, CA 92074-0789 ) I. i06-0789291
) (THIS SPACE FOE ~ECORDERTS USE)
PRIVATE ROAD MAINTENANCE AGREEMENT
FOR MUREL TRAILS, THE
RESERVOIR ROAD AND SHARED DRIVEWAYS IN
SHANTARA ESTATES (MAP NO. 14940)
This Agreement is for the maintenance and repair of the
portions of Murel Trails, the Reservoir Road and the shared
dr i veways, which are part of Shantara Estates (Map No. 14940) ,
Murel Trails provides ingress and egress for Lots 1, 2, 4,
5, 6, 7 and 8 of Map 14940 01-03; the Reservoir Road provides
ingress and egress for Lot 1 and 2; and, Lots 4, 5 and 6 share a
portion of their driveways for ingress and egress.
WHEREAS, it is the mutual desire of the parties hereto and
described in Attachment "A", and all future lot owners, that
Murel Trails, the Reservoir Road and the shared driveways be
maintained in a safe and useable condition; and,
WHEREAS, it is the mutual desire of the parties hereto to
establish a method for maintenance and repairs of Murel Trails,
the Reservoir Road and the shared driveways and for the
apportionment of the expenses of such maintenance and repairs
among existing and future Owners of residential dwelling units;
and,
WHEREAS, this document shall allow those parties as
identified in Attachment "A", including future Owners, the
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right, but not the obligation, to enforce full compliance of the
terms and conditions of this agreement; and,
WHEREAS, it is the mutual intention of the parties hereto
that this Agreement constitute a covenant running with the land,
binding upon each party identified in Attachment "A" and each
successive Owner; and,
WHEREAS, the City of poway shall be deemed to be a party
hereto with the right but not the obligation to enforce full
compliance with the terms and conditions of this Agreement,
NOW, THEREFORE, it is hereby agreed as follows:
l. Parties and Property. The parties hereto who shall be
bound by the terms of this agreement shall include those
property owners who have executed this agreement and their
heirs, executors, administrators, assigns, transferees, and
successo!"s in interest, This agreement shall also be binding on
any future Owners of residences who come into existence by way
of any of the parcels subdividing and becoming a separate legal
lot with its own independent legal description.
2. Road. The roadway to be maintained shall be those
private roads and driveways located in the City of Poway,
California known as Murel Trails, the Reservoir Road and the
shared driveways to Lots 4, 5 and 6, which were improved as a
condition of approval of TTM 01-03 by the City of Poway,
3. Repair and Maintenance of Said Roadway. The repair,
and/or maintenance to Murel Trails, the Reservoir Road and the
shared driveways resulting from ordinary wear and tear, shall be
borne by the parties as follows:
Owners of properties along Murel Trails, the Reservoir Road and
,
the shared driveways or Owners of properties who utilize any
portion of Murel Trails, the Reservoir Road and the s0ared
driveways to access their residences, shall pay a proportionate
share of any cost(s) and/or expense(s) incurred in the repairs
and/or maintenance of Murel Trails, the Reservoir Road and the
shared driveways, The Owner's proportionate share shall be
based upon the length of Murel Trails, the Reservoir Road and
the shared driveways utilized by the Owner to obtain access to
their property.
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In order to calculate each Owner's proportionate share, Murel
Trails, the Reservoir Road and the shared portions of the
driveways to Lots 4, 5 and 6 shall be separated into various
segments which shall be determined by the amount of the road or
driveway that will be utilized to access the residential pad
that takes access from Murel Trails, the Reservoir Road or a
shared driveway. An Owner's proportionate share shall be
calculated by dividing each segment of the road(s)/driveway(s)
by the total number of property owners utilizing that portion of
the roadway for access. For property owners utilizing multiple
segments of the road(s)/driveway(s) to access their residential
pads, their total cost shall be calculated by adding together
their proportionate share of the cost of repairing and/or
maintaining each of the segments of the road(s)/driveway(S)
utilized to access their residential pad,
As an example, there are seven legal lots within Map No. 14940
whose Owners shall utilize the first segment of Murel Trails to
access their residential pad, each Owner's share shall be 1/7 of
the cost of repairing and maintaining that segment, For
property owners utilizing additional segments of the roadway to
access their property, their proportionate share shall be based
upon adding together their pro-rata share of repairing or
maintaining each of the segments that are repaired and/or
maintained as follows'
Murel Trails
Segment l. Murel Trails form the beginning of the Subdivision
to the south side of the entrance to the driveway for Lot 7
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
60-Feet 1/7 1/7 1/7 1/7 1/7 1/7 1/7
Segment 2. Murel Trails form the south side of the entrance to
the driveway for Lot 7 to the south side of the driveway
entrance for Lot 8,
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
190-Feet 1/6 1/6 1/6 1/6 1/6 0 1/6
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Segment 3. Murel Trails form the south side of the entrance to
the driveway for Lot 8 to the south side of the intersection of
the Reservoir Road.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
420-Feet 1/5 1/5 1/5 1/5 1/5 0 0
Segment 4. Murel Trails form the south side of the intersection
of Murel Trails and the reservoir Road to the end of the cul-de-
sac on Murel Trails.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
310-Feet 0 0 1/3 1/3 1/3 0 0
Reservoir Road
Segment 1. From the intersection of Murel Trails and the
Reservoir Road to the east side of the driveway for Lot 1.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
280-Feet 1/2 1/2 0 0 0 0 0
Segment 2. From the east side of the driveway entrance to Lot 1
to the end of the paved area for the Reservoir Road.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
195-Feet 0 All 0 0 0 0 0
Driveway to Lot 6
Segment 1. From the cul-de-sac on Murel Trails to the south
side of the driveway leading to Lot 4 and 5.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8
150-Feet 0 0 1/3 1/3 1/3 0 0
Segment 2, From the south side of the intersection of the
driveway to Lot 6 and the driveway leading to Lot 4 and 5 to the
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entrance to the pad for Lot 6.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 Lot S
120-Feet 0 0 0 0 All 0 0
Driveway to Lots 4 and 5
Segment 1. From the intersection of the driveway to Lot 6 to
the east side of the driveway for Lot 5.
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 LotS
150-Feet 0 0 1/2 1/2 0 0 0
Segment 2. From the east side of the driveway to Lot 5 to the
entrance to the pad for Lot 4,
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 LotS
510-Feet 0 0 1 0 0 0 0
Driveway to Lot 5
Segment 1, From the intersection of the driveway to Lot 4 and 5
to the entrance to the pad on Lot 5,
Length: Share: Lot 1 Lot 2 Lot 4 Lot 5 Lot 6 Lot 7 LotS
20-Feet 0 0 0 All 0 0 0
The owner of Lot 7 shall be responsible for repairing the
driveway to the pad for Lot 7 and the owner of the Lot S shall
be responsible for the repairs to the driveway for Lot 8.
Based upon the above, if the entire length of Mure1 Trials was
to be repaired, the owners of Lots 4, 5 and 6 would each pay the
total of 1/7th of the cost of repairing Segment 1, plus 1/6th the
cost of the repairing Segment 2, plus 1/5 the cost of repairing
Segment 3, and 1/3 of the cost of repairing Segment4. The owner
of Lot 7 would pay only 1/7 of the cost of repairing Segment 1.
(a) If it is decided to repair a specific segment or
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segments or Murel Trails, the Reservoir Road or a shared
driveway, then only those Owners who utilize that segment or
segments or Murel Trails, the Reservoir Road or a shared
driveway to access the pad on their property shall be obligated
to participate in the cost or the repairs.
(b) Repairs and maintenance or the road(s) and
driveway(s) under this agreement shall be conducted in such a
manner that it meets the City or Poway private road(s)
maintenance standards. Repair and/or maintenance or the
road(s)/driveway(s) shall include, but not be limited to,
filling of pot holes, repairing cracks, repairing and
resurracing of roadbeds, repairing and maintaining drainage
structures, and other work reasonably necessary or proper to
repair and preserve the roadway for all weather road purposes,
Repairs and maintenance or road(s) shall not include
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construction, excavating, and/or creating new roads or widening,
upgrading, improving or repairing existing roads ror subdividing
purposes, or paving existing unpaved roads.
(c) Ordinary wear and tear or ordinary use, shall be
understood to mean that gradual, and over a period or time,
wearing which is caused by ordinary use.
4 . Extraordinary Damages. It shall be the obligation or
any party to individually make and pay ror all repairs to the
road(s)/driveway(s), and to all related structures (drains,
gutters, etc, ) when the same have been damaged by extraordinary
use by such party and/or his agents and/or employee (s) ,
Extraordinary use shall be understood to mean that use which
causes irrunediate damage by any vehicle, or any damage caused by
the shear size and/or weight or a vehicle.
S. Upgrades to Road(s) , Any upgrades to the road(s)
(i.e. , paving, widening, lighting, entry gate, etc. ) shall be at
the cost or the party (ies) providing the upgrade(s), unless
there is a vote consisting or at least seventy (70)percent of
the Owners participating in this Road Maintenance Agreement who
consent to the upgrade(s),
6, Initiation and Management of Repairs,
(a) Any party to this Agreement may initiate repairs
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and/or maintenance to Murel Trails, the Reservoir Road and any
shared driveway by contacting the Home Owners Association and
requesting their concurrence in repairing the road ( s) , If at
least fifty one (51) percent of the Owners agree that the
road(s) needs repair, the individual initiating the request to
have the road(s) repaired, or an individual selected by a Home
Owners Association, shall obtain at least three bids to have the
road(s)/driveway(s) repaired.
Each of the bids solicited shall have the cost for
repairing or maintaining each section of the road(s)/driveway
broken down in a manner consistent with Section 3, so that the
proportionate cost to each of the Owners can be calculated.
After receiving the bids, the individual who requested
the bids shall contact the Home Owners Association and each of
the Owners who would be asked to participate in the cost of the
repairs and notify them of the scope of the repairs, the full
cost of the repairs and the Owners proportionate share of the
costs. The individual who requested the bids shall also analyze
the bids that were submitted and make a reconunendation regarding
which company, that submitted a bid, should be awarded the
contract to perform the repairs.
After notifying each of the Owners of the scope of
work, the costs of the repairs and each Owners proportionate
share, if at least seventy (70 ) percent of the Owners elect to
have the repairs to the road(s) performed, the other Owners
shall be obligated to participate in paying their proportionate
share of the cost of the repairs, and a contract shall be
awarded to have the repairs completed.
However, prior to awarding the contract, each Owner
shall be notified that at least seventy (70 ) percent of the
Owners have elected to have to repairs performed and therefore a
contract is to be awarded. If so requested by any Owner, each
Owner shall be notified of which Owners have elected to have the
repairs performed and which Owners, if any, are opposed to
having the repairs performed.
Once so notified, each Owner shall be obligated to
sign a statement indicating that they will pay their
proportionate share of the estimated cost of the repairs to be
performed, plus the cost of any change order, which are approved
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by at least seventy percent of the Owners.
(b) If only a segment of the road(s) is to be
repaired, only those Owners who will be requested to participate
in the cost of the repairs to the road(s) shall be allowed to
vote on the initiation of repairs or the award of a contract to
have the work performed.
(c) For purposes of this Agreement, the Owners of
each parcels which utilize Murel Trails, the Reservoir Road and
any shared driveway to access their property shall receive one
vote per single family residence.
(d) Notwithstanding the above, the parties hereto
agree that in the event of an emergency, where the road
condition is so dangerous that it genuinely creates a risk to
life and/or limb, the individual(s) who owns fee title to the
land upon which the right of way for the road(s) extends shall
have the authority to repair that portion of the road which
creates the dangerous condition, without first obtaining prior
approval from the other Owners. In such an event, all Owners,
who utilize that segment of the roadway/driveway, shall be
obligated to pay their pro rata share of the cost of the
repairs.
(e) If in the City's sole judgment said
road(s)/driveway(s) are not being maintained to the standards
set forth in this Agreement, the City may thereupon provide
written notice to all Owners to initiate repairs or maintenance
within ninety (90) days. Upon failure to demonstrate a good
faith effort to initiate and make repairs within ninety ( 90)
days, the Owners agree that the City may make all needed repairs
to meet the standards set forth in this Agreement and then to
assess the costs to each Owner proportionately, as outlined in
this Agreement, If the City elects to make necessary repairs,
said work shall be without warranty by the City.
7. Objections to Repairs and/or Maintenance and or Costs,
Any dispute over the road maintenance and/or repairs
or a resident's contribution, shall be remedied by arbitration
as set forth hereunder. An omission by any assessed property
owner to give notice in writing within ten (10 ) days of his
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dispute of the assessment shall conclusively be deemed his
consent to the amount of the assessment. When any disputed
assessment is resolved and the decision is to have the disputed
assessment paid by the party disputing the assessment, the party
shall pay their share within twenty (20) days of that date of
the decision. Any delinquent assessment shall be an obligation
collectible by law. Any assessment that is delinquent beyond
thirty (30) days shall carry with it an interest rate of ten
percent (10%)/ per annum.
8. Arbitration. Any dispute among any of the parties to
this Agreement respecting the interpretation of the Agreement or
the application of any of its terms or the action taken by any
party in accordance therewith, or the enforcement of the terms
and conditions herein, shall be settled by arbitration pursuant
to the California Civil Code, with the further understanding
that the prevailing party shall be entitled to reasonable
attorney's fees in addition to interest of ten percent (10%) per
annum on any delinquent obligation owed.
9. Liabili ty . Any liabili ty of the Owners for
personal injury to any agent hereunder, or to any worker
employed to make repairs or provide maintenance under this
Agreement, or to third persons, as well as any liability of the
Owners for damages to the property of agent(s) or any such
worker, or of any third person, as a result of or arising out of
repairs and/or maintenance under this Agreement, shall be borne,
as between the Owners in the same percentage as they bear the
costs and expenses of such repair and maintenance, Each Owner
shall be responsible for and maintain his own insurance. By
this Agreement, the parties do not intend to provide for the
sharing of liability with respect to personal injury or property
damage other than that which is attributable to the repairs and
maintenance undertaken under this Agreement. Each of the Owners
agrees to indemnify the others from any and all liability or
damages that results from, arises out of, or is attributable to
any maintenance or repairs undertaken pursuant to this
Agreement.
Owners shall jointly and severally defend and indemnify and
hold harmless the Homeowners Association, the City of Poway, and
the City's engineers, and their consultants and each of their
officials directors, officers agents, and employees from any
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liability, claims damages, losses, expenses personal to the
agent hereunder, or to any Owner, any contractor, any
subcontractor, any user of the road(s), or to any third person
arising out of or in any way related to the use of, repair or
maintenance of, or failure to repair or maintain the private
road(s)/driveway(s) .
Nothing in this Agreement, the specifications or their
contract documents or the City of poway's approval of the plans
and specifications or inspection of the work is intended to
include a review, inspection, acknowledgment of a responsibility
for any such matter, and the City, City's engineers, and their
consultants, and each of their officials, directors, officers,
employees and agents, shall have absolutely no responsibility
thereof,
10. Covenant Running with Land. This Agreement, which
shall be deemed and is intended to run with the land and be a
restriction upon such property, shall be binding upon and inure
to the benefit of the undersigned, his/her/their heirs, personal
representatives, successors and assigns, forever or until such
time as the said private road(s)/driveway(s) shall be dedicated
to and accepted for use as a public street or thoroughfare by
municipal government lawfully exercising jurisdiction over said
private road.
ll. Recording of Agreement. It is the purpose of the
signators hereto that this Agreement be recorded and it is their
intent that the obligation hereby created shall be a restriction
upon and shall be secured by the said property and any
subsequent transferee thereof, by acceptance of delivery of a
deed and/or conveyance of the said property shall be deemed to
have consented to and become entitled to enforce the terms of
this Agreement to enforce the restriction therein created, such
remedy to be cumulative and in addition to all other remedies at
law or in equity.
12, Subsequent Users, In the event that a party
with legal access not originally contemplated by this Agreement,
gains access to said private road(s)/driveway(s), that party
shall be required to subscribe to this Agreement, Should any
parcel contemplated by this Agreement be split into multiple
parcels (two or more) each newly created parcel shall thereupon
be obliged under this Agreement and incur its portion of
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maintenance costs as set forth by this Agreement at the time a
residence is built upon the parcel.
13. Amendments. This agreement may be amended upon a
written two thirds (2/3) majority of all property owners who
have executed this agreement and their heirs, executors,
administrators, assigns, transferees, and successors in
interest, An amendment to this Agreement shall also require the
consent of the City,
14. Other. This Agreement shall be governed by the laws of
the State of California. In the event that any of the
provisions of this Agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, the validity,
and enforceability of the remaining provisions shall not hereby
be affected thereby.
IN WITNESS WHEROF, the parties listed in Attachment "A" have
executed this Agreement on the dates set forth in Attachment
"A" .
ACCEPTED:
CITY OF POWAY
BY:#~/~~h~ Date: 0?-/r (
Approved as to form:
~~~ Date: ::i-Io-a&;
City Attorney
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C\J.; Yvy V"l-; CJo- ?is. 8033
County of 9,t.v.. O\~
On ~Y"I \ ;;14 I'){:() 10 before me, Sv \lWIe... ~ f\ e.-ld, (\C\ /I1DTPrP-Y PlJBlIc"
Name and Title of Officer (e.g., "Jane \:1oe. Notary Public")
personally appeared <;~P.tf~ a.M', e A N~<<if. ILh.J ~I IDMt1 ~. ~(Y>(Yi <,
Name(s) of Signer(s)
o personally known to me -OR- ~ proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) )Mare subscribed to the within instrument and
acknowledged to me that ne/sJlle/they executed the same in
~/hl!r/their authorized capacity(ies), and that by l?is/~r/their
I@ ~OU;': .. ,.co...' -I signature(s) on the instrument the person(s), or the entity upon
",. <"..,'. COMM, 111483623 m behalf of which the person(s) acted, executed the instrument.
1ii .a Notary publlc-Gallfomla !B WITN
w . '" , SAN DIEGO COUNTY ..
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----------------------------------------OPTIONAL-----------------------------------------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal
and reattachment of this form to another document.
Description of Attached Document Y".e~ .fu. Y1t.u.Ye..l1'"V4.-'~SI~
'Pyj \)0..\(. '\Zo~
Title or Type of Document: lliV" ' v '5 ~ l?"~ ell
Document Date: Ar'\ \ 'd-'t \ ;}-OO 10 Number of Pages: I'd-..
Signer(s) Other Than Named Above: ~
Capacity(ies) Claimed by Signer(s)
Signer's Name: 5\-p~~(. ,A ,~()""'(i.s Signer's Name: ..rJ 1.0l5m:! ~, f'.JDvfiS
o Individual o Individual
o Corporate Officer o Corporate Officer
o Titles(s): o Title(s):
o Partner - 0 Limited o General o Partner - 0 Limited o General
o Attorney-in-Fact o Attorney-in-Fact
~ Trustee RIGHT THUMBPRINT ~ Trustee RIGHT THUMBP13_1NT
o Guardian or Conservator OF. SIGNER Guardian or Conservator OF SIGNER
o Other' Top ofThumb here o Other' Top ofThumb here
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C~L1FORNIAALL.PURPOSE ACKNOWLEDGMENT
.
State of California
County of San Diego
On I)/V-1 y 12,2()()(P before me, Phyllis Shinn, Notary Public
Dale _ Name and Title of Officer (e.g. "Jane Doe, Notary Public")
personally appeared t t?, #1< SiC L-t/!/ eft)
Name(s) o! Signer(s)
~rsonallY known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
~ -- - ~ :~=~: -I same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted,
i ~ NoIary PuIlIIc . catIIomla executed the instrument.
, SCIn DIego CounIv
j __ _ ~~:..~~9.:.~71 WITNESS my hand and official seal.
OPT/ONAL
Though the information below is not requlred'bylaw, it. may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
l1tle or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
o Individual o Individual
o Corporate Officer o Corporate Officer
11I1e(s): 11I1e(s):
o Partner - 0 Limited 0 General o Partner - 0 Limited 0 General
o Attorney-in-Fact o Attorney-In-Fact
o Trustee o Trustee
o Guardian or Conservator RIGHT THUMBPRINT o Guardian or Conservator RIGHT THUMBPRINT
OF SIGNER OF SIGNER
o Other' Topol thumb here o Other' Top of thumb here
Signer Is Representing: Signer Is Representing:
II) 1994 Natlonal Notary Assoclation. 6236 Remmel Ave., P.O. Bolt 7184. Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call TaU-Free 1-80()'878-6827
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ATTACHMENT A
For Lots 1, 2, 4, 5, 6, 7 and 8 of Map No, 14940,
By: EGN Holdings LLC
c/o Mr. and Mrs. Elwood G. Norris, Trustees
16101 Blue Crystal Trail
Poway, CA 92064
(Jw~~-~RR{~
Elwood G. Norris, Trustee
, ~
~
Dated this ~ q...~ day of ~PR1L , 2006.
(Signature must be notarized. Notary form attached,)